Your bank has been operating a joint account for the Atuahene family for the past 20 years. The account is jointly owned by Mr. Atuahene, Mrs. Atuahene and their elder son Nyameyie. The withdrawal mandate taken by your bank is Mr. Atuahene and Mrs Atuahene or Nyameyie. Two years ago, Mrs. Atuahene who was nominated as the head of her family, sold some piece of the family land and deposited the proceeds into the joint account. In order to secure the money in the account, she demanded that the husband should not withdraw from the account without her approval. She however, did not inform their bankers of the new arrangement between her and the husband.Unfortunately, Mr. Atuahene on several occasions after the new agreement withdrew money from the account without his wife’s knowledge. A month ago, Mr. Atuahene died in a terrible motor accident. The wife informed their banker of the demise of her husband. She later drew a cheque with the son and presented it for payment. The bank’s teller refused to honour the cheque on the ground of withdrawal mandate not sufficient. Upon reaching home, the son told her the number of times he signed cheques with his late father and the bank honoured them. He accused the bank of not treating his mother fairly since they honoured the cheques presented by his late father, which he, Nyameyie signed with him. The son’s narration alarmed Mrs. Atuahene and she requested to know the balance on the account from her banker. She had the shock of her life since the money left in the account was far less than even half of the proceed of her family’s land she deposited. Will the bank be liable assuming the family of Mr. Atuahene sue the bank for honouring the chequedrawn by Mrs. Atuahene after notice of the death of Mr. Atuahene reaches the bank
Your bank has been operating a joint account for the Atuahene family for the past 20 years. The account is jointly owned by Mr. Atuahene, Mrs. Atuahene and their elder son Nyameyie. The withdrawal mandate taken by your bank is Mr. Atuahene and Mrs Atuahene or Nyameyie. Two years ago, Mrs. Atuahene who was nominated as the head of her family, sold some piece of the family land and deposited the proceeds into the joint account. In order to secure the money in the account, she demanded that the husband should not withdraw from the account without her approval. She however, did not inform their bankers of the new arrangement between her and the husband.
Unfortunately, Mr. Atuahene on several occasions after the new agreement withdrew money from the account without his wife’s knowledge. A month ago, Mr. Atuahene died in a terrible motor accident. The wife informed their banker of the demise of her husband. She later drew a cheque with the son and presented it for payment. The bank’s teller refused to honour the cheque on the ground of withdrawal mandate not sufficient. Upon reaching home, the son told her the number of times he signed cheques with his late father and the bank honoured them. He accused the bank of not treating his mother fairly since they honoured the cheques presented by his late father, which he, Nyameyie signed with him. The son’s narration alarmed Mrs. Atuahene and she requested to know the balance on the account from her banker. She had the shock of her life since the money left in the account was far less than even half of the proceed of her family’s land she deposited.
Will the bank be liable assuming the family of Mr. Atuahene sue the bank for honouring the cheque
drawn by Mrs. Atuahene after notice of the death of Mr. Atuahene reaches the bank
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